Legal Analysis Of The Process Of Proving The Elements Of Preplanned Murder Based On Kriminal Procedures Number 20 Of 2025

Abstract

Premeditated murder is a crime against life committed with intent and premeditation, and therefore carries a more severe penalty than ordinary murder. Proving the element of premeditation is crucial because it determines the qualification of an act as premeditated murder. This study aims to analyze the legal provisions regarding premeditated murder, the obstacles faced by law enforcement officers in proving the element of premeditation, and the evidentiary process based on Criminal Procedure Code Number 20 of 2025. The research method used is qualitative research with a normative juridical approach through a review of relevant laws, doctrines, and literature.The results indicate that proving the element of premeditated murder is carried out through the negative system of proof according to law, namely based on at least two valid pieces of evidence and the conviction of the judge. The element of premeditation is proven through witness testimony, expert testimony, letters, clues, the defendant's statement, and electronic evidence that demonstrates intent, preparation, and a timeframe before the crime is committed. The main obstacle faced by law enforcement officers is the difficulty of proving the element of "premeditation," because it is abstract and generally can only be proven through a series of interrelated facts. Criminal Procedure Code Number 20 of 2025 provides updates by strengthening electronic evidence and improving the legality standards of evidence to support a more effective evidentiary process. Therefore, high levels of precision and analytical skills are required from law enforcement officials to achieve legal certainty, justice, and material truth in the criminal justice process.